Court : Mumbai Nagpur
Decided on : Mar-20-2014
..... penal statutes of the states in u. s. a. framed after furman v. georgia, in general, and clauses 2 (a), (b), (c), and (d) of the indian penal code (amendment) bill passed in 1978 by the rajya sabha, in particular, dr. chitale has suggested these "aggravating circumstances" : "aggravating circumstances : a court may, however, in the following ..... of death sentence is concerned, the learned public prosecutor submits that the accused persons, with ill motive of causing terror in the society, have committed drastic act of kidnapping the deceased from her home, and when she tried to save her and sought shelter in her uncles home, they forcibly took her to the ..... some boys tried to rescue kanchan and the police station was informed about the incident by telephone. the first informant and the villagers were frightened due to said act of rakesh and his accomplice since they were armed with deadly weapon. therefore, villagers could not dare to rescue kanchan. on gathering information as to who .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-26-2014
..... , which is invoked beside the statute which is challenged and to decide whether the latter squares with the former'. 48) we accordingly hold that the provisions of amending act of 1976 have a direct and substantial relationship with the objects of article 39(b) and, therefore, are entitled to the protection of article 39c. if the ..... chauvinism will have a field day if article 19(1)(d) is not available to the citizens. already, there are disturbing trends on a part of the indian horizon. those trends will receive strength and encouragement if laws can be passed with immunity, preventing the citizens from exercising their right to move freely throughout the territory ..... of commitment to social revolution and they, together, are the conscience of the constitution is to be traced to a deep understanding of the scheme of the indian constitution. granville austin's observation brings out the true position that parts iii and iv are like two wheels of a chariot, one no less important than .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-05-2014
..... suit. 3. there is no dispute that a deed of partnership was entered into between the plaintiff and the defendant no.1 on 09.09.2005, which was subsequently amended on 16.11.2007 by executing separate agreement containing clause of arbitration. undisputedly, the defendant nos. 2 to 5 are not parties to any of the two deeds. ..... of the suit between parties who are parties to the arbitration agreement and others is possible. this would be laying down a totally new procedure not contemplated under the act. if bifurcation of the subject matter of a suit was contemplated, the legislature would have used appropriate language to permit such a course. since there is no such ..... parties to the arbitration agreement. in view of this, the learned judge of the trial court has committed an error in allowing the application under section 8 of the said act. the order, therefore, cannot be sustained. 7. in the result, writ petition is allowed. the order dated 2nd may, 2013, passed by the learned 4th joint civil .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-04-2014
..... orders as he deemed fit, why after noticing the wrong practices and concern shown by this court in w.p. 4122 of 2007, no measures to make amends were initiated, is not understood. release of excess quota itself speaks volumes about the unholy nexus operating to the prejudice of common man. hon. minister could not ..... rent controller (munsiff), cannanore and ors. (supra), the hon'ble apex court has considered provisions of section 20(1) of kerala building (lease and rent control) act, 1965. its consideration in para 3 shows how similar provision employing similar phraseology has been found to be much wider as against limited scope of revision available under section ..... 10.07.2012 in regular criminal case no. 52 of 2011, acquitting the accused in person from the offence under sections 3 and 7 of the essential commodities act, 1955. those accused are the persons concerned with administration and management of respondent no. 7. 3. shri gordey, learned senior advocate appearing for the petitioner in .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-25-2014
..... , must satisfy the tests of public policy not only in terms of the aforementioned provisions but also in terms of section-23 of the indian contract act.? the apex court has held that the provision of section 25-n regarding obtaining prior permission of the appropriate government is imperative in character and ..... the corporation. even in the model dye house, there were sanctioned posts of three junior clerks, one manager, one dyeing master, one senior clerk, one boiler attendant, one fireman, four labourers, and the other posts. the corporation exercised ownership, control, supervision, finance and management of employees working in different departments and ..... establishment of the corporation consisting of all departments and total 600 employees constituted an œindustrial establishment?, as defined under section 25-l of the industrial disputes act. the reliance is placed upon the oral evidence of the complainants, the oral evidence of shri manohar zade (exhibit 48) and shri nandeshwar bawne ( .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Apr-08-2014
..... respondent no.3 and the order dated 22.6.2012 passed by the learned in-charge principal district and sessions judge, amravati, the petitioner had by way of amendment challenged the vires of rule 22(i) of the maharashtra prisons (remission system) rules, 1962 being ultra vires of article 14 of the constitution of india. 2 ..... the case of jagmohansingh .vs. state of u.p. and observed that the infinite variety of cases and facets to each would make general standards either meaningless 'boiler plate' or a statement of the obvious. the apex court further observes that exercise of judicial discretion on well recognized principles is in the final analysis, the ..... also penalized by the superintendent. he further submits that escaping from a prison is not included in section 45 of the prisons act and, therefore, since a penalty is provided under section 224 of the indian penal code, the prison authorities have no jurisdiction to impose the penalty on the petitioner for escaping from the prison. the .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Apr-28-2014
..... president, vice-president, secretary and at least 4 members of the society. these elected members elect the president and vice-president. as per amended clause 12, headmaster of deorao thakre vidyalaya, ashok nagar acts as secretary of the governing body. under clause 8, initial governing body consisted of total 11 persons i.e 4 office-bearers + 7 members ..... mould the relief accordingly, or to deny the relief to the plaintiff-respondent as allowed to him by the judgment under appeal, much less sought for an amendment of the pleadings. the subsequent event urged by the defendant-appellant is basically a factual event and cannot be taken cognizance of unless brought to the notice of ..... through devidas shirbhate is also read out to demonstrate challenge to alleged meeting dated 21.10.2012. crime no. 42 of 2013 u/s. 420,468 and 34 ipc at police station kulha, district amravati on 10.5.2013 for illegal appointments of teachers registered against sudhirkumar shende, his pcr from 14.8.2013 to 17.8 .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-01-2014
..... (f) and 31 (1) of the constitution. by the time, the case of d.s. nakara and others was decided in the year 1983, the constitution was amended by the 44th amendment act thereby introducing article 300a in the constitution, in the place of article 19(1)(f). it has been held that although the right to property is no longer a ..... animal husbandry and fisheries and was allegedly involved in serious financial irregularities and there were two cases registered against him under various sections of the indian penal code as well as the prevention of corruption act during the year 1990-1991, 1991-1992 when he was posted as artificial insemination officer at rachi. the hon'ble apex court, after taking ..... the interests of the general public or the security of the state. (c) the expression fraudulently shall have the meaning assigned to it under section 25 of the indian penal code, 1860 (45 of 1860) (d) the expression criminal breach of trust shall have the meaning assigned to it under section 405 of the .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-08-2014
..... possess the necessary eligibility as is required to be possessed by the regular vice chancellor. 20. the learned amicus further submits that the amendment to the said act in the year 2009 by which the provision regarding educational qualifications and experience was brought for the first time, is also indicative of the ..... nominated by the state government, (iii) the director or head of an institute or organization of national repute, such as, indian institute of technology, indian institute of management, indian institute of science, indian space research organization or national research laboratory, nominated by the management council and academic council, jointly, in the manner specified by ..... union of india and others reported in (2005) 6 supreme court cases 281 and in the case of ajit kumar nag .vs. general manager (pj), indian oil corporation ltd. reported in (2005) 7 supreme court cases764. 16. mr. manohar further submits that the perusal of the notification issued in exercise of powers .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-22-2014
..... question was involved regarding protection in the employment, which was secured as a result of confusion, which was prevailing till the constitution (scheduled castes) order, 1950 was amended in the year 2007, which did not include ezhuvas and thiyyas known as thandan. in para 29, the apex court has held that the question of ouster of ..... peculiar facts or in view of the uncertainty of law till then, to do complete justice, as has been held by the apex court in the case of indian bank v. abs marine products pvt. ltd., reported in 2006(5) all mr (sc) 162. the relief granted is restricted only to the persons in whose ..... castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (maharashtra act no.xxiii of 2001) in a seat reserved for scheduled castes candidate by producing a caste certificate, which was invalidated by an order of the scrutiny committee. .....
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